Notice period to leave rented accommodation

bobbarley

Morning!

We're buying a house soon, so naturally will need to hand in our notice on our rented house at some point. We've checked the contract and have noticed it stipulates we must give two motnhs notice in writing if we wish to leave. The rental was done privately between us and the owner of the house, with the contract being written up by the landlords girlfriends brother. It was signed by all parties, and a witness.

Is it correct that we *must* give two months notice, or legally can we just give one?

Cheers

ceh209

you NEVER have to give 2 months notice, even if the contract says so.

are you in a fixed term AST or a periodic tenancy (where the fixed term has already expired)? You can give no notice at all at the end of a fixed term (however it might be polite to do so). In a periodic tenancy you need to give 1 months notice ending on the last day of a rental period.

bobbarley

The contract runs out on 31st December 2010, so we're still in contract. I've tried looking on the internet, but cna't find any actual law stating I only have to give one months notice, only a law that says I have to give at LEAST 4 weeks notice.

Fire_Fox

At least four weeks, i.e. a minimum of a month - if you want to give a year you can do so! If you are still within the fixed term is there a break clause?

bobbarley

Fire_Fox wrote: »

At least four weeks, i.e. a minimum of a month - if you want to give a year you can do so! If you are still within the fixed term is there a break clause?

The contract just states we must give 2 months notice in writing.

prudryden

ceh209 wrote: »

you NEVER have to give 2 months notice, even if the contract says so.

Correct with one exception - i.e. a 12mo AST with a 6 month break clause where both parties have agreed to a two month notice. This notice would be binding, lawful, and enforceable until such time as a court deletes it or parliament outlaws it.

N79

You can not give notice to leave before the 31 Dec 2010 (your fixed period) unless there is a specific break clause in your contract which allows this.

You can leave at any point up to the 31 Dec 2010 without giving notice but you must pay rent until the 31 Dec 2010

To leave after 31 Dec 2010 you need to give 1 calendar months notice if you pay rent monthly.

bobbarley

Thanks N79. I'll go over the contract with a fine tooth comb tonight and see what it says.

If it's the case that there is no break clause, is there any other way out of it at all?

N79

bobbarley wrote: »

Thanks N79. I'll go over the contract with a fine tooth comb tonight and see what it says.

If it's the case that there is no break clause, is there any other way out of it at all?

Only by negotiation with the LL. In such cases expect to pay the rent until a new T takes up residence and also the LL's marketing costs although the LL would be within their rights to not agree to let you stop paying rent until 31 Dec 2010.

BitterAndTwisted

Without a break clause the only way you can get out of a legally-binding contract is by getting your landlord's agreement but they are not obliged to at all